Gary Fawcett

Barrister

Date of Call: 1975

  • Barrister profile

Gary has been in Chambers in Southampton since 1977 and is primarily a family and relationship practitioner. He has extensive experience in dealing with all types of applications under various legislation that involve Divorce, separation & child contact including; Matrimonial Causes Act, Children Act, Adoption & Children Act, Family Law Act, Civil Partnership Act, Trusts of Land and Trustees Act, and Inheritance Act . Gary also practices in civil and common law generally. Gary is happy to advise in conference, in writing or over the telephone, and is able to take instructions from solicitors, and other professionals . Public and Direct Access: Gary is authorised by the Bar Standards Board to conduct public direct access and litigation. Gary is happy to take on cases from Solicitors, to maintain continuum, where the client’s money is limited.

Expertise

Family: Care & Children

(International) child abduction

Gary also has a real interest in Hague Convention cases child abduction, either under the Hague Convention or otherwise, the removal and return of children


Contact and Residence disputes under the Children Act 1989

Gary is instructed in cases involving the full range of child arrangements both in relation to residence and contact, prohibited steps and specific issue orders. He has significant experience of dealing with these complicated matters which often through up issues of removal of children from the jurisdiction and financial applications for children.  He has dealt with domestic violence, emotional, physical and sexual abuse allegations, and has acted in cases involving parents, the children themselves, grandparents, step-parents and transgender applicants.

Prior to the withdrawal of legal aid much of Gary’s work involved private law children cases, in particular family arrangement orders.  During that time he built up skills in quickly assessing the personalities of the parties and exercising negotiating skills in an understanding and clear manner.  This is important, whether dealing with legal representatives or litigants in person.  Gary has an experienced mind capable of working out solutions to human problems.

The other areas of law involved private adoption.


Domestic violence & injunctions

From the Domestic Violence and Matrimonial Proceedings Act 1976 to present day Gary has been involved in domestic violence injunctions, and other forms of injunctive relief eg under s37 MCA.  The work has ranged from the basic non molestation application to applications for committal and appeal.  Gary has acted for aggrieved ladies in hostels, and is used to short notice applications.  Although the restrictions on legal aid have come into force, the importance of this type of application to the needy client has not diminished.


Family: Finance

Divorce & Separation

Gary has extensive experience in relation to the Financial provisions surrounding divorce and Separation.  Over his 40 years of practice  Gary has dealt with all interim applications for maintenance and costs, security for costs, applications for provision for a child of unmarried parents under Schedule 1 Children Act 1989 and financial remedy.

Furthermore  he is able to advise in relation to pre and post nuptial agreements as well as issuing divorce petitions and defended divorces.

Most cases Gary has dealt with revolve around maintenance pending suit and the financial remedy application on divorce through the 3 stage hearing process.  With regard to the latter it is important to get as much financial information ready for the first hearing so that it can be dealt with as an financial dispute resolution hearing, which is a saving on costs.  

Of particular importance in either type of case is the need to prepare a comprehensive list of outgoings from the start.

Gary has also a wealth of expertise involving the concealment of assets, family companies, assets abroad, pensions and disputes about property valuations.

In many of these cases the parties are under emotional and/or financial strain and a sensitive, if strong approach is often called for.


Cohabitation including Trusts of Land & Appointment of Trustees Act 1996

Gary has experience of all applications that are made under TOLATA whether they involve civil partnerships, separating partners who were not married or relatives who have bought a property together without considering the legal impact of the process.  Often in this situation the parties are still trying to overcome the emotional strain of the relationship finishing and a sensitive approach is often called for. Gary is able to offer advice at all stages of a property purchase through to its eventual sale.

Parties who put money into a property when the relationship is good, will need to realise that money when the relationship breaks down.  Nothing is better than getting good advice when purchasing a property with another person when not married or in a civil relationship.  However if advice was not taken when the purchase was made, advice is often sought at a later stage to determine rights and the financial implications.


Inheritance Act claims

The cases Gary has dealt with nearly all involve representing the partner of the deceased, in an unmarried relationship.  Often the deceased had children from an earlier relationship with competing claims to those of the deceased’s co-habitee.  Because the costs can escalate quickly with multi parties in a case like this, attempts to settle should be made as early as possible.  The settlement process is never easy when the parties have lost a loved one, and a careful and understanding approach is essential when the parties have had such an emotionally traumatic event.


Chancery and Commercial

Traditional Chancery


Inheritance Act claims

As stated above, the cases Gary has dealt with nearly all involve representing the partner of the deceased, in an unmarried relationship.  Often the deceased had children from an earlier relationship with competing claims to those of the deceased’s co-habitee.  Because the costs can escalate quickly with multi parties in a case like this, attempts to settle should be made as early as possible.  The settlement process is never easy when the parties have lost a loved one, and a careful and understanding approach is essential when the parties have had such an emotionally traumatic event.


Trusts and Trustees

Gary has experience of all applications that are made under TOLATA whether they involve civil partnerships, separating partners who were not married or relatives who have bought a property together without considering the legal impact of the process.  Often in this situation the parties are still trying to overcome the emotional strain of the relationship finishing and a sensitive approach is often called for. Gary is able to offer advice at all stages of a property purchase through to its eventual sale.

Parties who put money into a property when the relationship is good, will need to realise that money when the relationship breaks down.  Nothing is better than getting good advice when purchasing a property with another person when not married or in a civil relationship.  However if advice was not taken when the purchase was made, advice is often sought at a later stage to determine rights and the financial implications.


Qualifications

  • LLB (Hons) Southampton University 1972
  • Bar School obtaining the degree of Utter Barrister

Personal Info

Away from Chambers, enjoys creative writing, having self-published two novels (eg babysrevenge.co.uk) and occasional portrait painting.
Gary's interests requiring more physical exertion include modern jive, skiing, horse riding, driving and breaking horses and walking his dog.  The foregoing have lead to an appreciation of at the art of brewing.